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FAQs on Toxic Torts

By Edited Jul 6, 2014 0 0

Under the law, an injury to a person is called tort. The injury or damage may have been inflicted physically, mentally or emotionally to the person. It may also affect his property or financial condition. A tort case may be filed to someone if his negligence caused the accident that resulted to injury. If proven that the negligence was the cause, the victim will be awarded compensation, mainly in monetary form.

There are a lot of ways of how a person can get injured. Getting poisoned by chemicals or harmful substance usually calls for a Toxic torts claim.

What is a toxic tort?

Toxic tort is a type of personal injury case in which the injury of the victim or plaintiff was caused by exposure to a dangerous substance. This case is usually brought against the manufacturer or supplier of the chemicals.

How do injuries arise?

  • Consumer products – Products that contain chemicals may cause injuries, e.g. pesticide.

  • Domestic exposure – Inhaling or ingestion of harmful substances at home like molds.

  • Occupational exposure – Usually happens to industrial workers who are exposed to chemicals on their job, e.g. asbestos, benzene, and silica.

  • Pharmaceutical drugs – Unintended side effects from using prescribed drugs.


What kind of injuries results from them?

Common injuries that result from exposure to chemicals include lung cancer or other lung diseases, brain damage, blood disease, organ damage, leukemia, mesothelioma, and birth injuries.

Who can be sued for the injuries?

It is quite difficult to determine the person or people liable in toxic torts. The connection between the exposure to chemicals and the injury should be proven, but sadly is often hard to determine. To add, some diseases like cancer take years to develop if it is caused by chemical ingestion/ inhalation.

In general, the victims sue people who are linked to the dangerous toxin like its manufacturer, the manufacturer of the machinery that exposed the chemicals to the people, the owner of the building that emitted toxin, companies that store toxins, and manufacturers of the safety equipment that failed to protect the employees from the chemicals.

When is the time to file the case?

The statute of limitation is the time allowed for a case to be filed. The time limit may differ for each state. Since it was established that most diseases take years to develop, toxic torts can be filed after the "discovery" period, which means that the time limit will only start after the victim discovers the injury.

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